Question

Only a week ago, I verbally agreed to foster a 2 month old puppy with special needs. She is blind and deaf. We have made great strides in her development. Just days after getting her, they contacted me to see if we were going to keep her or if they should put her up for adoption. At first I was very hesitant and unsure what I was going to do. So I said yes they could post her. The next day they had found a home for her with kids. And I decided it wasn't in the puppy's best interest, with her disabilities. Now they say no, I can't keep her. They want to spay her @ 2 months old, and 2 days later ship her off to Virginia. Again at the best interest of the puppy. I said no. Do I as a foster parent have the right to keep her?

Answer

Fostering, as compared to adopting, is usually a temporary arrangement, unless and until the foster “parent” adopts the animal. Shelters/rescues usually retain ownership of the fostered animal until the animal is adopted. When there is no written agreement, rights and obligations may be unclear. If a lawsuit is commenced for the return of an animal, the court will consider the evidence and determine rights. People, including shelters/rescues, may also contact the police when they believe that an animal is being wrongfully withheld, but shelters/rescues rarely do and the police do not usually get involved in pet custody disputes. While verbal agreements can sometimes be difficult to enforce, in part because disputing parties may recollect different “facts,” other evidence may help to corroborate the agreement. That might be the case in your situation (although I cannot say) since you did acknowledge that you were fostering the puppy, did not initially agree to adopt the puppy, and consented to the puppy being posted for adoption. I hope this all works out well for the puppy. Perhaps if the shelter/rescue is convinced that the puppy is happy where she is, the shelter/rescue will change its mind. Good luck!

PLEASE NOTE: Responses to legal inquiries are not meant to replace seeking legal advice from an attorney in your state. The materials in this website and any responses to questions are for informational purposes only and are not intended, nor should they be construed, as legal advice. This website, the information contained herein, and any responses to questions directed to this column are not intended to create and do not establish an attorney-client relationship. You should not rely or act upon any information provided on this website or in any response to your inquiry without seeking the advice of an attorney in your state regarding the facts of your specific situation.

Send Your Pet Legal Question Now!

Elinor will field as many questions as she can and they will be posted here on this site. Due to the volume of questions received, not all questions are answered. However, many individuals have similar questions. You may find helpful information in the categories listed below.

Ask a Legal Question